Q: How is income calculated if my ex-wife has decided not to work now.
My ex has requested a child support modification because she is not happy with the amount she is receiving after I was laid off and started a new job. It has been 3 years. At our last hearing she was working and reported a net income of a little over $1000 a month. Since then she has decided to not work anymore. We both carry insurance for our child, her through her new husband's employer. How will they figure her income into the combined net income when she has none, which according to calculations, would leave me paying 100% of the support need? I just don't think that is fair that she can decide not to contribute to our child's well being if I am responsible.
A: The judge will 'impute' income to your ex. This means that the court assumes that your ex can make at least minimum wage (which is about $1200 per month). Even if she is not working the judge will assume that she can make this amount. They may impute more income to her if she usually makes more money than minimum wage, but is voluntarily unemployed. If she can make significantly more, they will impute that higher figure to her.
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